Bolivia

Declaration:

The Republic of Bolivia declares that persons referred to in articles 15, 16, 18, 19 and 21 of this Agreement who are nationals or permanent residents of the Republic of Bolivia, and while staying in Bolivia territory, shall enjoy only the privileges and immunities referred to in paragraph (a) of article 23.
The persons referred to in articles 20 and 22 who are either nationals or permanent residents shall be subject to the application of paragraph (b) of article 23 of this Agreement.

Reservation:

The Plurinational State of Bolivia declares the non-applicability of article 16, paragraph 2, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, which could be interpreted as contrary to the existing legal framework.

Declaration:

The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol.

18 May 2006

Declarations:

With respect to the definitions and characterizations set out in Articles 5, 6, 8 and 23 of the Convention, the Republic of Bolivia declares that it will first apply its national legislation in force and, secondly, the provisions of the present Convention.
The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of Article 35, which deals with the settlement of disputes concerning this Convention.

Declaration:

Bolivia declares that, under its legislation in force, the minimum age for compulsory military service in the armed forces is 18 years. As for pre-military service, it is a voluntary alternative available for young persons from the age of 17 years.

Reservation made upon signature and confirmed upon ratifica tion:

The Republic of Bolivia places on record its express reservation to article 3, paragraph 2, and declares the inapplicability to Bolivia of those provisions of that paragraph which could be interpreted as establishing as a criminal offence the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption.
For Bolivia such an interpretation of that paragraph is contrary to principles of its Constitution and basic concepts of its legal system which embody respect for the culture, legitimate practices, values and attributes of the nationalities making up Bolivia's population.
Bolivia's legal system recognizes the ancestral nature of the licit use of the coca leaf which, for much of Bolivia's population, dates back over centuries. In formulating this reservation, Bolivia considers that:
- The coca leaf is not, in and of itself, a narcotic drug or psychotropic substance;
- The use and consumption of the coca leaf do not cause psychological or physical changes greater than those resulting from the consumption of other plants and products which are in free and universal use;
- The coca leaf is widely used for medicinal purposes in the practice of traditional medicine, the validity of which is upheld by WHO and confirmed by scientific findings;
- The coca leaf can be used for industrial purposes;
- The coca leaf is widely used and consumed in Bolivia, with the result that, if such an interpretation of the above-mentioned paragraph was accepted, a large part of Bolivia's population could be considered criminals and punished as such, such an interpretation is therefore inapplicable;
- It must be placed on record that the coca leaf is transformed into cocaine paste, sulphate and hydrochlorate when it is subjected to chemical processes which involve the use of precursors, equipment and materials which are neither manufactured in or originate in Bolivia.
At the same time, the Republic of Bolivia will continue to take all necessary legal measures to control the illicit cultivation of coca for the production of narcotic drugs, as well as the illicit consumption, use and purchase of narcotic drugs and psychotropic substances.

Upon signature:

On signing the United Nations Convention on the Law of the Sea, the Government of Bolivia hereby makes the following declaration before the International community:
1. The Convention on the Law of the Sea is a perfectible instrument and, according to its own provisions, is subject to revision. As a party to it, Bolivia will, when the time comes, put forward proposals and revisions which are in keeping with its national interests.
2. Bolivia is confident that the Convention will ensure, in the near future, the joint development of the resources of the sea-bed, with equal opportunities and rights for all nations, especially developing countries.
3. Freedom of access to and from the sea, which the Convention grants to land-locked nations, is a right that Bolivia has been exercising by virtue of bilateral treaties and will continue to exercise by virtue of the norms of positive international law contained in the Convention.
4. Bolivia wishes to place on record that it is a country that has no maritime sovereignty as a result of a war and not as a result of its natural geographic position and that it will assert all the rights of coastal States under the Convention once it recovers the legal status in question as a consequence of negotiations on the restoration to Bolivia of its own sovereign outlet to the Pacific Ocean.

Reservation:

The Plurinational State of Bolivia reserves the right to allow in its territory: traditional coca leaf chewing; the consumption and use of the coca leaf in its natural state for cultural and medicinal purposes, such as its use in infusions; and also the cultivation, trade and possession of the coca leaf to the extent necessary for these licit purposes.
At the same time, the Plurinational State of Bolivia will continue to take all necessary measures to control the cultivation of coca in order to prevent its abuse and the illicit production of the narcotic drugs which may be extracted from the leaf.

Upon signature:

1. The shortcomings of the Vienna Convention on the Law of Treaties are such as to postpone the realization of the aspirations of mankind.
2. Nevertheless, the rules endorsed by the Convention do represent significant advances, based on the principles of international justice which Bolivia has traditionally supported.

Upon signature:

I have been instructed by my Government to place on record the Bolivian view, which is already to be found in the records of the Conference, that Bolivia is not a land-locked State but a nation which is deprived by temporary circumstances of access to the sea across its own coast and that unrestricted and uncondi- tional freedom of transit must be recognized in international law as an inherent right of enclosed territories and countries for reasons of justice and because of the need to facilitate such transit as a contribution to general progress on a basis of equality.
Bolivia will on no occasion fail to maintain these views, which are inherent in national sovereignty, and, by signing the Convention, will give evidence of its willingness to co-operate with the United Nations and the developing countries without a sea-coast.